(DOWNLOAD) "Peggy Ann Glass and George R. Neely v. Dale Steen Glass" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Peggy Ann Glass and George R. Neely v. Dale Steen Glass
- Author : Supreme Court Of Utah
- Release Date : January 25, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Peggy Glass and her attorney, George Neely, appeal the imposition of sanctions against them for filing frivolous pleadings after the entry of a judgment of divorce based upon a compromise settlement agreement. The critical issues presented on this appeal are whether Peggy Glass may be barred from access to the courts of Texas, whether she may be sanctioned individually for her attorneys conduct, whether attorneys fees awarded as sanctions pursuant to Rule 13 of the Texas Rules of Civil Procedure need to be proven to be reasonable and necessary, and whether the sanctions ordered are excessive in light of the evidence. We hold that the prohibition against court proceedings is constitutionally infirm, that a party should not be sanctioned for her attorneys conduct, that attorneys fees may be awarded as sanctions even absent evidence that they are reasonable and necessary, and that under this evidence the trial court abused its discretion by awarding excessive attorneys fees. We therefore set aside the judgment against Peggy Glass and modify the remainder of the judgment to eliminate the excessive attorneys fees and the additional monetary sanctions. As modified, we affirm.
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